Chapter 673
AN ACT
HB 3313
Relating to local government ability to
recoup costs incurred for illegal drug manufacturing site rehabilitation;
creating new provisions; amending ORS 105.585; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. (1) Before incurring costs to decontaminate
a property that is a nuisance described in ORS 105.555 (1)(c)
or to have the property certified as fit for use under ORS 453.885, a county or
other local government shall give notice to each owner of record for the
property and to each person that has a mortgage, trust deed or other lien on
the property recorded in the county deed records. A notice given by the county
or local government to an owner or lienholder shall allow the owner or
lienholder not less than 60 days to respond.
(2) An owner or
lienholder making a timely response to a notice given under subsection (1) of
this section may propose a course of action by the owner or lienholder to
decontaminate and obtain certification of the property within a reasonable
time. If the owner or lienholder proposes a course of action that may be
reasonably expected to achieve the decontamination and certification of the
property, except as provided in this subsection the county or other local
government shall suspend other efforts to decontaminate or obtain certification
of the property. This subsection does not prevent the county or local
government from securing the property by obtaining an injunction against use of
the property.
(3) If more than one
owner or lienholder proposes a reasonable course of action for a property, the
county or other local government may require that the owners and lienholders
proposing courses of action work together to decontaminate and obtain certification
of the property. The county or local government may require an owner or
lienholder to periodically report to the county or local government regarding
efforts to carry out a course of action. The county or local government may
resume efforts to decontaminate and obtain certification of a property if the
county or local government determines, after opportunity for a hearing, that an
owner or lienholder has failed to diligently pursue the course of action
proposed by the owner or lienholder and to complete the course of action within
a reasonable time.
(4) A lien under ORS
105.585 (2) for costs incurred by the county or local government in
decontaminating and obtaining certification of the property is superior to, has
priority over and shall be fully satisfied before all other liens, judgments,
mortgages, security interests or encumbrances on the property other than tax
liens, regardless of the date of creating, filing or recording of the lien,
judgment, mortgage, security interest or encumbrance, if the county or other
local government incurs the cost after giving notice to owners and lienholders
under subsection (1) of this section and:
(a) No owner or
lienholder provided a response on or before the 60th day after the giving of
the notice; or
(b) An owner or
lienholder for the property timely responded to the notice with a proposed
course of action for decontaminating and obtaining certification of the
property, but failed to complete the course of action within:
(A) Eight months after
the notice date; or
(B) A date more than
eight months after the notice date that was agreed to by the county or local
government that gave the notice and the owner or lienholder that timely
responded to the notice.
SECTION 2. ORS 105.585 is amended to read:
105.585. (1) Any costs
associated with securing the property under ORS 105.550 to 105.600 shall
constitute a lien against the property declared to be a nuisance from the time
a notice specifying the costs is filed of record.
(2) Any costs
incurred by the county or local government to secure a property that is a
nuisance described in ORS 105.555 (1)(c) and have the
property decontaminated and certified as fit for use under ORS 453.885 shall
constitute a lien against the property declared to be a nuisance from the time
a notice specifying the costs is filed of record. Notwithstanding subsection
(3) of this section, the priority of a lien created under this subsection is
governed by section 1 (4) of this 2007 Act.
(3) A lien
created by ORS 105.550 to 105.600 is prior and superior to all other liens,
mortgages and encumbrances against the property upon which the lien is imposed
[which] that attached to the
property after any lien imposed by ORS 105.550 to 105.600.
[(2)] (4) A notice of pendency of an action may be filed
pursuant to ORS 93.740 with respect to any action filed under ORS 105.550 to
105.600.
SECTION 3. Section 1 of this 2007 Act
and the amendments to ORS 105.585 by section 2 of this 2007 Act apply
to liens for costs incurred by counties or other local governments on or after
the effective date of this 2007 Act.
SECTION 4. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date June 27, 2007
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